New Bill Aims to Regulate Synthetic Nicotine in 2022
On December 15, 2021, Congresswoman Mikie Sherrill from New Jersey announced the introduction of the “Clarifying Authority Over Nicotine Act of 2021”. This bill aims to clarify the FDA’s authority over products in the tobacco and vapor industry to include tobacco products containing nicotine not made or derived from tobacco, also known as “synthetic nicotine”.
Currently, under the Federal Food, Drug, and Cosmetics Act, only nicotine products that are strictly derived from tobacco are subject to regulation by the FDA’s Center for Tobacco Products. With the recent regulatory challenges posed to the vapor industry through the Premarket Tobacco Product Application process, many vapor industry brands converted their product assortment to a Synthetic Nicotine alternative in an effort to avoid regulation.
Representative Sherrill’s legislation aims to close that loophole, giving the FDA the authority to regulate synthetic nicotine products under the current existing rules for traditional nicotine. Stating in her press release “This bill will ensure all tobacco products, including products made with synthetic nicotine, are regulated by the FDA in order to protect kids in our communities and those who may seek to use these products.”
It is not yet clear if the Clarifying Authority Over Nicotine Act of 2021 will be passed into law.
However, the increased scrutiny of synthetic nicotine products by lawmakers in recent months is a strong indication we could see federal regulation of these products as early as 2022.
On December 15, 2021, Congresswoman Mikie Sherrill from New Jersey announced the introduction of the “Clarifying Authority Over Nicotine Act of 2021”. This bill aims to clarify the FDA’s authority over products in the tobacco and vapor industry to include tobacco products containing nicotine not made or derived from tobacco, also known as “synthetic nicotine”.
Currently, under the Federal Food, Drug, and Cosmetics Act, only nicotine products that are strictly derived from tobacco are subject to regulation by the FDA’s Center for Tobacco Products. With the recent regulatory challenges posed to the vapor industry through the Premarket Tobacco Product Application process, many vapor industry brands converted their product assortment to a Synthetic Nicotine alternative in an effort to avoid regulation.
Representative Sherrill’s legislation aims to close that loophole, giving the FDA the authority to regulate synthetic nicotine products under the current existing rules for traditional nicotine. Stating in her press release “This bill will ensure all tobacco products, including products made with synthetic nicotine, are regulated by the FDA in order to protect kids in our communities and those who may seek to use these products.”
It is not yet clear if the Clarifying Authority Over Nicotine Act of 2021 will be passed into law.
However, the increased scrutiny of synthetic nicotine products by lawmakers in recent months is a strong indication we could see federal regulation of these products as early as 2022.
